State ex rel. Elson v. Richards

Citations

• 106 Kan. 105
• 186 P. 1025
• 1920 Kan. LEXIS 463

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Lunacy Proceedings — Appeal — No Statutory Affidavit Filed — Appeal Dismissed. Before an appeal in a lunacy proceeding can be granted by the probate court, and before the district court can take jurisdiction of such appeal, an affidavit must be filed in the probate court, as prescribed by statute, showing that the appeal is not taken for the purpose of vexation or delay, but because the affiant believes that the appellant is aggrieved by the decision of the probate court.</p> <p>2: Same — Effect of No Objection to Jurisdiction. Want of 'jurisdiction of a cause cannot be cured by failure to make timely objection to the court’s assumption of jurisdiction.</p>